Senate confirms effects of general data protection law LGPD as of tomorrow

At a vote held this afternoon, the Senate repealed article 4th of Provisional Measure – MP n. 959/2020 enacted on April 19, 2020 by the President which postponed the effects of the Brazilian General Data Protection Law – LGPD (Law n. 13.709/2018) to May 3rd, 2021.

Article 4th of MP n. 959/2020 was repealed on the basis that the National Congress had already deliberated this year the matter of the effects of the LGPD, when Law n. 14.010/2020 was enacted on June 10, 2020. Such law maintained the effectiveness of the LGPD as of August 14, 2020, except only for the provisions concerning administrative penalties.

By repealing article 4th of MP n. 959/2020, the Senate resumed in full the provisions of Law n. 14.010/2020, according to which LGPD would come into force 24 months after its enactment, occurred on August 14, 2018.

As MP n. 959/2020 remained in force until today, the repeal of its article 4th means that LGPD enters into force tomorrow, August 27, 2020. Exception is made only to articles 52, 53 and 54 of LGPD, concerning the application of administrative penalties, which will come into force on August 1st, 2021.

LGPD aims to ensure individuals’ rights regarding their personal data and must be complied with by all legal entities treating personal data in Brazil, whether by digital or physical means.

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